Sumayya.C.P vs Taliparamba Co-Operativeurban Bank ...
2024 Latest Caselaw 19008 Ker

Kerala High Court

Sumayya.C.P vs Taliparamba Co-Operativeurban Bank ... on 28 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                WP(C) NO. 6761 OF 2023
PETITIONER:

         SUMAYYA.C.P
         AGED 37 YEARS, D/O MAMMAD,
         DARUL MARVAA HOUSE, PANNIITHADAM,
         PERUNNASSERI, KOYYAM.P.O,
         KANNUR., PIN - 670142.

         BY ADVS.
         V.T.MADHAVANUNNI
         V.A.SATHEESH
         ANAND V.S


RESPONDENTS:

   1     TALIPARAMBA CO-OPERATIVEURBAN BANK LTD
         TALIPARAMBA P.O, KANNUR, REPRESENTED BY
         GENERAL MANAGER, PIN - 670141.

   2     AUTHORISED OFFICER UNDER SARFAESI ACT
         TALIPARAMBA CO-OPERATIVE URBAN BANK LTD,
         TALIPARAMBA BRANCH, TALIPARAMBA P.O,
         KANNUR, PIN - 670141.

         BY ADVS.
         CHRISTINE MATHEW
         T.C.SIBI


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.6761 of 2023
                                :2:




                        JUDGMENT

Dated this the 28th day of June, 2024

The petitioner has approached this Court seeking the

following reliefs:-

"i) This Hon'ble Court may be pleased to issue a writ of mandamus or such other writ or order directing respondents to regularize the loan of the petitioner.

ii) This Hon'ble Court may be pleased to issue a writ of mandamus or such other writ or order directing Respondents to give 20 equal monthly instalment facility to the petitioner to pay off the overdue.

iii) This Hon'ble Court may be pleased to exempt the Petitioners from producing translation of vernacular documents produced herewith as Exhibits."

2. When the writ petition came up for hearing on

20.02.2023, this Court passed an interim order directing the

petitioner to remit an amount of ₹3 lakhs and dispossession

was stayed for a period of six weeks.

3. Subsequently, on 29.05.2024, this Court extended

the interim order on condition that the petitioner shall remit a

further amount of ₹2 lakhs within a period of one month.

4. Standing Counsel representing the Bank submits

that the petitioner has not paid any amount pursuant to the

afore directions of this Court.

5. The petitioner has approached this Court seeking to

regularise the loan in 20 equal monthly instalments. The

petitioner has not made two remittances as directed by this

Court. In the circumstances, the petitioner is not entitled to any

further discretionary reliefs from this Court.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 6761/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 4./10/2021 ISSUED BY RESPONDENT NO. 2 TO PETITIONER Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 30/8/202